Chapter 6.05 DOG CONTROL

Pursuant to the authority of ORS 203.035, the board of commissioners adopts this chapter in order to protect the health, safety and welfare of the residents and citizens of this county through a dog licensing program and through the regulation and control of dogs. This chapter is separate from, and is intended to replace, the provisions contained in ORS 609.030 through 609.095 and 609.100 through 609.110. [Ord. 1281 § 2, 2009.]

6.05.030 Definitions.

“Adoption agency” means any government, association, corporation or similar entity approved by the dog control director and capable of caring for dogs pending final adoption placement.

“Animal” means any nonhuman vertebrate.

“Authorized representative of Marion County” means any Marion County sheriff’s deputy, Marion County sheriff’s office – code enforcement officer and Marion County dog control officer.

“Bites” means that a dog’s teeth or jaws cause a wound or break in the skin.

“Corrective action” means a mandatory act, prevention of an act, condition or restriction imposed on a keeper by the dog control director, dog control officer or hearings officer.

“Dangerous dog” means a dog that:

1. Without provocation and in an aggressive manner inflicts serious physical injury on a person or kills a person;

2. Acts as a potentially dangerous dog after having previously engaged in conduct that violated, or would be a violation of, MCC 6.05.050(H); or

3. Is used as a weapon in the commission of a crime.

“Days” means calendar days unless otherwise specified in this chapter.

“Disturbing dog noise” means either of the following:

1. Barking, whining, howling or similar sounds that occur for more than 15 minutes on at least three different days within a 10-day period and that have a tendency to disturb a reasonable person off the keeper’s property; or

2. Barking, whining, howling or similar sounds that occur for more than five minutes during at least three different night periods within 10 consecutive days and that have a tendency to disturb a reasonable person off the keeper’s property.

For the purposes of this definition, the term “night period” means the time between the hours of 10:00 p.m. and 7:00 a.m. the following day.

“Dog” means any member of the canine family, whether pure bred, mixed breed or hybrid.

“Dog control director” means the community services department director or the director’s designee.

“Dog control fund” means that separate fund created pursuant to ORS 609.110.

“Dog control manager” means the shelter operations manager of the dog control program under the community services department.

“Dog control officer” means dog control director, dog control manager and persons appointed by the Marion County board of commissioners by order authorizing them to enforce Oregon laws and Marion County ordinances as they relate to the control of dogs in the county.

“Dog running at large” means a dog that is off or outside the premises of a keeper’s property and not under the immediate control, restraint or command of a keeper.

“Domestic animal” means any animal other than livestock, as that term is defined in ORS 609.125, that is owned or possessed by a person.

“Keeper” means any person who owns, possesses, controls, or otherwise has responsibility for the care or custody of a dog. The Marion County dog shelter, veterinary hospitals and Internal Revenue Code Section 501(c)(3) qualifying dog shelters are not considered keepers for the purposes of this chapter unless expressly provided herein. A dog may have multiple keepers and all keepers are jointly and severally responsible under this chapter.

“Mandatory condition of adoption” means an action that an adoptive owner of a dog must complete within a specific time period as a condition of the dog control director’s approval of the adoption.

“Menace” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.

“Physical injury” means impairment of physical condition or substantial pain.

“Potentially dangerous dog” means a dog that:

1. Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;

2. Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or

3. Without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal.

“Provocation” includes but is not limited to wrongfully assaulting a dog or its keeper or trespassing upon premises belonging to the dog’s keeper.

“Quarantine” means strict confinement and isolation for a period of time.

“Risk to the community” means that reasonable information indicates that a dog’s keeper has failed to prevent the dog from acting in violation of MCC 6.05.050 or ORS 609.155, and that the keeper cannot reliably or effectively contain and control the dog during the administrative enforcement process. Prior experience with the keeper, including other dogs of the keeper, may be considered.

“Secure enclosure” means a fully fenced pen, kennel or structure; or a house, garage or similarly enclosed structure. Secure enclosures may include the following characteristics: locked entrance, height requirements, secure and covered top, secure bottoms or sides that are embedded into the ground.

“Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

“Trespass” means to enter the property of another without privilege or consent. [Ord. 1418 § 2, 2020; Ord. 1376 § 2, 2017; Ord. 1341 § 2, 2014; Ord. 1310 § 3(1), 2011; Ord. 1281 § 3, 2009.]

6.05.040 Authority of dog control officers.

Dog control officers are authorized to:

A. Enforce all the provisions of this chapter and other ordinances relating to licensing, impoundment and control of dogs;

B. Enforce other provisions within state law relating to the licensing, impoundment and the control of dogs;

C. Impound and safely keep any dog that is apparently abandoned, or as required by the health department of the county;

D. Investigate reported violations of this chapter and violations of state law relating to dogs killing, wounding, injuring or chasing livestock;

E. Issue notices of civil infraction and notices of determination of civil infraction for violations of this chapter and state law relating to dogs killing, wounding, injuring or chasing livestock;

F. Represent Marion County dog control and appear as witnesses in administrative hearings and other proceedings. [Ord. 1310 § 3(2), 2011; Ord. 1281 § 4, 2009.]

6.05.050 Failure to prevent nuisance action of dogs prohibited.

The keeper of a dog commits a civil infraction if the keeper’s dog commits any act listed below:

A. Runs at large.

B. The keeper’s dog or dogs, either individually or in concert, create a disturbing dog noise.

C. Scatters garbage while off the keeper’s property.

D. Damages or destroys property of a person other than keeper while off the keeper’s property.

E. Trespasses onto private property of persons other than the keeper of the dog.

F. Chases a person or a vehicle on premises other than premises from which the keeper of the dog may lawfully exclude others.

G. Is a female in heat and running at large.

H. Is a potentially dangerous dog.

I. Is a dangerous dog. [Ord. 1281 § 5, 2009.]

6.05.060 Dog licensing required.

A. Any keeper of a dog in Marion County shall obtain a license for the dog when the dog has a set of permanent canine teeth or is six months old, whichever comes first.

B. Any keeper of a dog who has purchased a valid dog license from any jurisdiction that is outside the county but within the state of Oregon may present the valid dog license, together with a valid rabies certificate, to Marion County dog control which shall issue a Marion County dog license at no charge. The newly issued dog license will expire no later than the expiration of the dog license purchased from the other jurisdiction in the state of Oregon.

C. Every person applying for a Marion County dog license is required to provide a valid rabies certificate and a spayed/neutered certificate (if applicable) at the time of application. No dog license will be issued without a valid rabies certificate that indicates that the effective date of the vaccine given to the dog is within two months of the term of the dog license being issued.

D. A dog license shall not be issued for a term that exceeds three years.

E. The Marion County board of commissioners shall periodically establish license fees for fertile and neutered/spayed dogs, multiple-year license fees, license fees for dogs owned by individuals aged 65 and older, license fees for dogs that are considered kennel inventory, replacement license fees and administrative fees. The board shall also establish effective dates for dog license fees.

F. Notwithstanding other provisions of this chapter, no license fee is required to be paid for any dog that is:

1. Kept by a person who is blind and who uses the dog as a guide; or

2. Used as an assistance animal as defined in ORS 346.680.

This fee exemption does not remove the requirement that the dogs described in this subsection be licensed and inoculated against rabies.

G. The board of commissioners shall establish an administrative fee that will be charged to those keepers who do not obtain a dog license in a timely manner. If a keeper fails to obtain a dog license in a timely manner as required in subsection (A) of this section, an administrative fee shall be charged at the time the license is obtained. This administrative fee is intended to cover the department’s cost of obtaining license compliance.

H. The Marion County board of commissioners hereby authorizes Marion County dog control to periodically establish times when administrative late fees will not be charged when a dog owner obtains a dog license.

I. A person commits a civil infraction if that person fails to obtain a dog license as required within this section.

J. It shall be an affirmative defense to a civil infraction for failure to obtain a license if a keeper:

1. Has not resided in Marion County for 30 days prior to the issuance of the notice of civil infraction; or

2. Was not the keeper of the dog for 30 days prior to the issuance of the notice of civil infraction.

K. Upon issuance of a license, the dog control division shall issue the licensee a suitable identification tag with the name “Marion County, Oregon,” and an identifying number. The license tag shall be worn by the dog at all times when the dog is not on the premises of the keeper. If a Marion County tag is lost, or the tag from another jurisdiction is replaced, a replacement tag must be purchased from the dog control division after payment of a replacement fee as established by the board of commissioners.

L. All funds derived from fees established pursuant to this section shall be deposited into the dog control fund and shall be expended as provided by law. [Ord. 1281 § 6, 2009.]

6.05.070 Removal of dog from county prohibited.

A. A person commits a civil infraction if that person knowingly removes or causes the removal of a dog from the county for which the keeper has a pending citation for a violation of state law, a pending criminal matter or a pending notice of civil infraction for a violation of this chapter.

B. Notwithstanding subsection (A) of this section, a keeper may remove a dog from the county if the keeper receives written permission from Marion County dog control. [Ord. 1281 § 7, 2009.]

6.05.080 Impoundment of dogs.

A. Any dog control officer or peace officer may impound a dog upon a reasonable belief that the dog is the subject of a violation of this chapter by immediately delivering such dog to an appropriate kennel facility as designated by the dog control director.

B. A person may apprehend and hold for delivery to either a peace officer or dog control officer a dog that the person believes is running at large. A person who takes control of a dog pursuant to this subsection must keep the dog in a humane manner and must contact police or dog control as soon as possible after apprehension of the dog.

C. Except as provided in MCC 6.05.120, the dog control director or manager shall determine whether a dog should be impounded pending the conclusion of the administrative process, and any appeal, because the dog represents a risk to the community. Continued impoundment is only permitted if a dog has run at large on two or more occasions, or if a dog is alleged to have acted, or has previously been found to have acted, as a dangerous dog, a potentially dangerous dog or a dog that has harmed or chased livestock. If the dog control director determines that continued impoundment is necessary, the keeper of the dog shall be notified immediately in writing and the hearing shall be scheduled in an expedited fashion. Any objection to the continued impoundment must be raised during the hearing. If the dog keeper objects to the continued impoundment, the hearings officer shall determine whether the dog should continue to be impounded until any appeal process is concluded.

D. Any impounded dog which, by reason of injury, disease or other cause, is suffering extreme pain or is dangerous to keep impounded may be promptly and humanely euthanized. The dog control director or manager may request a veterinarian to certify this fact in writing before the euthanization takes place. The dog control director will make reasonable efforts to contact a keeper of the dog before euthanasia occurs.

E. If an impounded dog has evidence of a valid license, Marion County dog control shall send out a notice within three business days after impoundment. A notice of impoundment shall be given by depositing in the United States mail a first class, postage prepaid letter addressed to the last known address of the person who licensed the dog as indicated in the dog control licensing records. The notice shall advise the person that the dog has been impounded, the place where the dog is kept, and the procedure required for redemption.

F. Upon the request of a law enforcement agency operating within Marion County, Marion County dog control may accept and take into custody and control at a kennel facility as designated by the dog control director any dog in the possession or under the control of any person taken into custody by the law enforcement agency. The agency may be required to pay the cost of boarding and caring for the dog if the agency seeks to have the dog detained during the adjudication of a criminal matter or other violation of state law relating to the dog. If the agency does not seek to have the dog detained during the pendency of a matter, Marion County dog control shall retain the dog for five days, and unless redeemed, the dog shall be considered abandoned. Upon acceptance of a dog from a law enforcement agency, Marion County dog control shall provide the agency’s officer with a receipt for the dog and notice of timelines and potential abandonment of the dog if not redeemed within five days by the licensee or person taken into custody. In the event the dog is claimed, it shall be considered redeemed only upon payment of the fees and costs as provided in MCC 6.05.100.

G. Any dog not redeemed within the time frame set forth in this section and MCC 6.05.090 shall be considered abandoned and become the property of Marion County. Any dog that becomes the property of Marion County may be disposed of in a manner that the dog control director deems appropriate.

H. Any dog that is impounded at the Marion County dog shelter, or other appropriate kennel facility designated by the dog control director, shall be scanned for a readable, implanted microchip providing information on the dog. If a readable, implanted microchip is not located on the dog by dog shelter staff, a readable microchip may be appropriately implanted in the dog before the dog is released from the facility. The microchip is intended to assist dog control staff in identifying a dog and its keeper in the future. The Marion County board of commissioners shall establish a fee in an amount that recovers the cost of implanting the microchip. [Ord. 1310 § 3(3), 2011; Ord. 1281 § 8, 2009.]

6.05.090 Redemption of impounded dogs.

A. If an impounded dog has no evidence of being licensed and has not been redeemed within three days after impoundment, Marion County dog control may release the dog for adoption pursuant to MCC 6.05.110, or may dispose of the dog in a manner that the dog control director deems appropriate. If the dog was impounded for biting a person, and was not validly inoculated against rabies at that time, the dog shall be quarantined in compliance with MCC 6.05.120.

B. If an impounded dog has evidence of a valid license but has not been redeemed within five days after notice of impoundment is mailed, Marion County dog control may release the dog for adoption pursuant to MCC 6.05.110, or may dispose of the dog in a manner that the dog control director deems appropriate.

C. Any keeper of an impounded dog is obligated to pay the cost of boarding and impounding the dog regardless of whether the dog is redeemed. These costs shall include the following:

1. Impound fee;

2. Daily boarding fee; and

3. The cost of any veterinary care, medical care or euthanasia if provided.

D. Any dog impounded by a court, hearings officer or dog control director’s order shall be released to the dog’s keeper upon payment of all fees and charges in MCC 6.05.100 and upon Marion County dog control’s receipt of written order of release from the impounding authority. [Ord. 1281 § 9, 2009.]

6.05.100 Payment required upon redemption.

A. A keeper must pay the following before a dog is considered redeemed:

1. Impound fee;

2. Daily board fee;

3. License fee, if unlicensed and the dog keeper is able to produce the required proof of rabies inoculation at the time of redemption;

4. Rabies deposit fee, if the keeper is unable to produce proof of rabies inoculation, in an amount equal to an altered dog license fee. If the dog keeper fails to provide proof of rabies inoculation within 10 days, the rabies deposit fee shall be forfeited to the county and a citation will be issued for failure to license a dog;

5. Implanted microchip fee, if any;

6. Any unpaid civil penalty, fee or cost previously imposed against the dog keeper pursuant to this chapter or ORS 609.155 to 609.190; and

7. Cost of veterinary or medical care provided to the redeemed dog, if any.

B. Notwithstanding subsection (A) of this section, Marion County dog control may enter into an agreement with a keeper establishing a payment plan. A dog may be released once the keeper and the dog control director have signed the payment plan. [Ord. 1310 § 3(4), 2011; Ord. 1281 § 10, 2009.]

6.05.110 Adoption of dogs.

A. A dog that is not redeemed within the timelines set forth in MCC 6.05.080 and 6.05.090 may be released for adoption or transferred to another adoption agency, approved by the dog control director, subject to the following conditions:

1. The adoptive owner shall agree in writing to furnish proper care to the dog;

2. The adoptive owner shall pay any required adoption fee; however, approved adoption agencies are exempt from the requirement of paying the adoption fee; and

3. The dog control director may require an adoptive owner to comply with a mandatory condition of adoption. A person commits a civil infraction if that person fails to comply with a mandatory condition of adoption.

B. The dog control director may decline to release a dog for adoption under any circumstance including but not limited to:

1. The prospective adoptive owner has violated this chapter in the past or has been convicted of a crime relating to animal treatment;

2. The prospective adoptive owner has inadequate or inappropriate facilities for confining or caring for the dog;

3. The existence of other circumstances that would endanger the dog or that would threaten the health, safety and welfare of persons residing in the county.

C. The board of commissioners shall establish an adoption fee that shall be charged to persons adopting a dog from Marion County. [Ord. 1281 § 11, 2009.]

6.05.120 Quarantine required when dog bites.

A. A dog suspected of biting a person will be quarantined at the keeper’s expense for a period of at least 10 days following the bite.

B. A dog may be quarantined at the dog control shelter, at the premises of a licensed veterinarian, or at the discretion of the director, at the premises of the keeper; provided, that the dog is kept within a secure enclosure or with approved restraints.

C. When a dog is quarantined at the premises of the keeper, the dog shall not be permitted to leave the confines of the premises and must be kept in accordance with the director’s requirements.

D. The county health department or county dog control division officer may make spot checks to ensure proper quarantine procedures are followed. The dog’s keeper must grant access to the premises. If the dog’s keeper fails to provide access to the dog, it may be seized for confinement in a kennel facility designated by the dog control director.

E. If any dog alleged to have bitten a person dies within 10 days after biting such person, the dog shall be immediately delivered or made available to county health department staff or their designated agents by the keeper so that the remains of the dog may be delivered to a laboratory for analysis. When an analysis is performed, the owner of such dog shall be liable for the cost of such laboratory testing.

F. Upon proper showing of probable cause and obtaining a court order by the county, any dog suspected of being a carrier of rabies virus shall be taken from the keeper for quarantine and if necessary euthanized and submitted for laboratory analysis.

G. Nothing in this chapter shall limit the authority of the Marion County health department to take action pursuant to ORS Chapter 433 with regard to rabies control. [Ord. 1281 § 12, 2009.]

6.05.130 Notices required when dog bites.

A. The keeper of a dog shall immediately notify the county health department when the keeper’s dog bites a person, provide the name and address of the person bitten, if known, and abide by the quarantine instructions given by the health department.

B. Any person who is bitten by a dog shall promptly notify the county health department of the bite and provide a description of the dog and name and address of the keeper if possible.

C. A doctor, veterinarian or hospital employee shall promptly notify the county health department upon receiving information that a person has been bitten by a dog. [Ord. 1281 § 13, 2009.]

6.05.140 Enforcement.

A. This chapter may be enforced through an administrative process.

B. The dog control director or dog control officer shall initiate administrative enforcement of this chapter through the issuance of either a notice of civil infraction or a notice of determination of civil infraction. A notice of civil infraction shall identify the date and time that a hearing will be held regarding the alleged violation. A notice of determination of civil infraction is final unless the keeper appeals the determination by filing a written notice of appeal, with a hearing process fee in an amount set by the board, to the dog control director within 20 days of the date the notice of determination was served on the keeper. A notice of determination of civil infraction shall also be referred to as a “notice of determination.”

C. Enforcement actions brought for violation of MCC 6.05.050(A), (B), (C), (D), (E), (F), (G), and 6.05.060 may be brought through the issuance of a notice of determination or through the issuance of a notice of civil infraction.

D. All enforcement actions brought for violation of ORS 609.155 through 609.190, MCC 6.05.050(H), 6.05.050(I), 6.05.110, 6.05.170, or any other section within this chapter not identified in subsection (C) of this section shall be brought directly before a hearings officer through the issuance of a notice of civil infraction.

E. When a notice of civil infraction or notice of determination is issued for failure to obtain a dog license pursuant to this chapter, the notice shall inform the keeper that no civil penalties will be imposed if the keeper obtains a license for the dog at issue after paying the license fee and any administrative fee within 20 days of being served with the notice.

F. Notwithstanding subsection (A) of this section, a civil infraction constitutes a violation of this chapter and may be enforced through other procedures and remedies provided by law, including equitable relief and damages. [Ord. 1310 § 3(5), 2011; Ord. 1281 § 14, 2009.]

6.05.150 Notice of civil infraction.

A. The notice of civil infraction shall be in a form and contain wording as designated by the county legal counsel. The notice of civil infraction shall be a multi-part form consisting of at least three parts. Additional parts may be inserted for administrative use. The required parts are:

1. Notice of civil infraction;

2. Citing agency’s record of civil infraction; and

3. Summons.

B. Each of the parts shall contain the following information:

1. The name and, if known, the address of the person alleged to have committed the civil infraction;

2. The code section allegedly violated plus a brief description of the nature of the violation;

3. The date, time and place where the civil infraction allegedly occurred;

4. The date when the notice of civil infraction was issued and the name of the issuing officer;

5. The date, time and place where a hearing will be held regarding the alleged civil infraction;

6. A statement that the person must appear at the hearing or will waive the right to present evidence or make argument in the matter;

7. The amount of the maximum monetary penalty;

8. A statement that failure to appear at the scheduled hearing may result in an order and disposition that includes imposition of a monetary obligation against the person up to the maximum civil penalty amount, corrective actions that must be taken, and fees and other costs allowed under this chapter for the civil infraction.

C. The notice of civil infraction shall contain a statement that the officer certifies, upon penalty of law, that he or she has reasonable grounds to believe, and does believe, that the person cited committed the civil infraction in violation of this chapter.

D. The notice of civil infraction shall contain a provision informing the person alleged to have committed the civil infraction that, if the person is going to be represented by counsel, the person must provide notice to county legal counsel at least five days prior to the hearing, or an automatic continuance of at least five days will be granted.

E. A hearing will be held in order to determine whether a civil infraction has been committed. Hearings will be conducted pursuant to the Marion County hearings officer procedural rules established by the Marion County board of commissioners.

F. Any error in the notice of civil infraction may be corrected at the hearing or prior to the hearing with notice being given to the person cited. The notice of civil infraction shall be set aside by the hearings officer upon request by the person cited made before the close of the hearing and upon a determination that the error is prejudicial to the person’s defense. Failure to request the hearings officer to set aside the notice of civil infraction before the conclusion of the hearing shall constitute a waiver, and will be an absolute bar to raising this issue at a later date. Nothing prohibits the hearings officer from amending the notice of civil infraction in his or her discretion. [Ord. 1310 § 3(6), 2011; Ord. 1281 § 15, 2009.]

6.05.155 Notice of determination.

A. The notice of determination of civil infraction shall be in a form and contain wording as designated by the county legal counsel. The notice of determination of civil infraction shall be a multi-part form consisting of at least three parts. Additional parts may be inserted for administrative use. The required parts are:

1. Notice of determination of civil infraction;

2. Citing agency’s record of notice of determination of civil infraction; and

3. Summons.

B. Each of the parts shall contain the following information:

1. The name and, if known, the address of the person alleged to have committed the civil infraction;

2. The code section violated plus a brief description of the nature of the violation;

3. The date, time and place where the civil infraction occurred;

4. The date on which the notice of determination of civil infraction was issued and the name of the issuing officer;

5. The amount due as a civil penalty for the infraction and the amount of the maximum civil penalty that may be imposed at a hearing or if the person fails to comply with corrective actions imposed;

6. The corrective actions that the person alleged to have committed the civil infraction must take and the time within those actions must be completed;

7. A statement explaining that all fines are due within 30 days of service of the notice of determination unless the determination is appealed;

8. A statement advising that failure to comply may lead to enhancement of the original fine or additional fines;

9. A statement that the determination of violation is final unless appealed by filing a written notice of appeal, with a hearing process fee in an amount set by board, to the dog control director within 20 days of the date the notice of determination was served;

10. A statement that if considered on appeal, the hearings officer will have discretion to impose a civil penalty up to the maximum amount; and

11. A statement that the determination would be kept on record and could lead to the enhancement of the fine imposed for any subsequent violation of this chapter.

C. The notice of determination of civil infraction shall contain a statement that the officer certifies, upon penalty of law, that he or she has reasonable grounds to believe, and does believe, that the person cited committed the civil infraction in violation of this chapter.

D. A keeper may appeal a notice of determination by submitting a written request for an appeal along with a hearing process fee in an amount established by the board of commissioners, to the dog control director within 20 days of the date the notice of civil infraction was served on the keeper.

E. Upon the receipt of an appeal, the dog control director shall contact the Marion County hearings office and forward the written appeal request and a copy of the notice of determination. If the appeal is timely, the hearings officer shall set the matter for a hearing. Once a hearing is scheduled, Marion County dog control will forward copies of its records on the case to the hearings officer.

F. If a hearing is scheduled, MCC 6.05.150(E) and (F) shall apply. [Ord. 1310 § 2, 2011.]

6.05.160 Service of notice of civil infraction.

A notice of civil infraction and a notice of determination may be served by either personal service or by certified mail with return receipt requested. In the event that personal service cannot be made and the alleged violator does not sign for the return receipt within 10 days of mailing, alternative service may be made by affixing a copy of the notice upon the main entrance to the alleged violator’s dwelling and sending a copy of the notice of civil infraction or notice of determination by first class mail. Service shall be deemed complete on the fifth day after the notice is posted on the main entrance to the dwelling. The notice of civil infraction and the notice of determination must be issued no later than six months from the date upon which the infraction is alleged to have occurred. [Ord. 1310 § 3(7), 2011; Ord. 1283 § 3, 2009; Ord. 1281 § 16, 2009.]

6.05.170 Keeper failure to comply with conditions and restrictions.

A. It shall be a civil infraction for a keeper to fail to comply with any corrective action imposed by the dog control director or dog control officer if that corrective action is part of a determination that has become final.

B. It shall be a civil infraction for a keeper to fail to comply with any corrective action imposed by the hearings officer. [Ord. 1310 § 3(8), 2011; Ord. 1281 § 17, 2009.]

6.05.180 Presumptions.

A rebuttable presumption exists that:

A. Serious physical injury has occurred when a dog causes any broken bone or any wound that requires one or more sutures or suturing;

B. When a dog chases, threatens, or injures a person or domestic animal, the action is unprovoked;

C. A dog that has acted as a dangerous dog cannot be safely kept and should be euthanized;

D. All adults in a household with a dog are keepers of that dog;

E. In addition to any other keeper, the person that licenses a dog shall be responsible for the action or behavior of the dog as provided within this chapter; and

F. A correctly addressed and properly mailed letter was received in the regular course of the mail. [Ord. 1281 § 18, 2009.]

6.05.190 Penalties.

A. Upon a finding that a person has violated a provision of this chapter, a civil penalty may be imposed in an amount established by the board of commissioners. All civil penalties recovered under this section shall be deposited into the dog control fund.

B. Upon a finding that a person has violated a provision of this chapter, in addition to and not in lieu of any fine, a keeper may be required to take corrective actions reasonably intended to abate future violations. Only the corrective actions noted in subsections (B)(1), (2), (3), (4), (5) and (6) of this subsection may be imposed on a notice of determination of civil infraction. A hearings officer may impose any corrective action including but not limited to the following:

1. Requiring that the dog be muzzled, leashed and under the control of a keeper at all times when off the keeper’s property;

2. Requiring that the keeper and the dog attend and complete a dog behavior and training class authorized by the dog control director;

3. Requiring that the keeper spay or neuter any dog that was the subject of the violation;

4. Requiring that the keeper repair, construct or maintain a secure enclosure for the dog subject to the approval of the dog control director;

5. Requiring that a dog be kept in a keeper’s residence during hours specified by the hearings officer;

6. Requiring that a bark collar be kept on a dog when the dog is outside the residence;

7. Requiring that the dog be relocated to a new location;

8. Requiring that the keeper’s rights to the dog be relinquished to Marion County, to a new owner as approved by the dog control director or to an approved adoption agency;

9. Requiring that the dog be euthanized after consideration of the factors outlined in subsection (C) of this section;

10. In the case of repeated violations by the same keeper, suspending the keeper’s right to own or keep a dog in Marion County for a period of time not to exceed five years as specified by the hearings officer; and

11. Requiring that the keeper take other corrective actions reasonably designed to abate any future violation.

C. In determining whether a dog shall be subjected to euthanasia, the hearings officer shall consider the following factors:

1. If the dog has injured a person, the circumstances and severity of the injury, including whether the dog was provoked by the person injured;

2. If the dog has injured a domestic animal, the circumstances and severity of the injury, including whether the dog was provoked;

3. Whether the dog keeper has a history of maintaining dogs that are a public nuisance;

4. The impact of a dog keeper’s actions on the behavior of the dog;

5. The ability and inclination of the dog keeper to prevent the dog from biting, menacing or injuring domestic animals;

6. Whether the dog has unjustifiably chased or menaced a person on a prior or subsequent occasion;

7. Whether the dog can be relocated to a secure facility;

8. The effect a transfer of ownership would have on ensuring the health and safety of the public; and

9. Any other factors that the hearings officer may deem relevant.

D. The hearings officer is not required to treat any single factor as controlling.

E. The keeper shall pay the costs of complying with corrective actions imposed under subsection (B) of this section.

F. Failure to provide acceptable proof of compliance to dog control on or before the deadline established within a notice of determination of civil infraction or within the hearings officer’s order imposing the corrective actions constitutes a rebuttable presumption that the person has failed to comply. If dog control finds the proof submitted by the person unacceptable, dog control shall send notice of that finding to the person no later than five days after the proof is received.

G. If, after a hearing, the hearings officer determines that a keeper is guilty of any civil infraction under this chapter, and the keeper has not previously paid a hearing process fee, then the keeper of the dog shall be required to pay to the county an amount equal to the hearing process fee established by the board of commissioners as an administrative charge for hearing costs. If, after a hearing of an appeal of a notice of determination, the hearings officer determines that a keeper is not guilty of all civil infractions, the hearings officer shall require Marion County dog control to reimburse the keeper in the amount of the hearing process fee.

H. The dog control director may request a hearing to determine whether a keeper has failed to take corrective actions previously imposed. If the hearings officer determines that a keeper has failed to take corrective actions previously imposed, the hearings officer may take any action allowed under this chapter to address the violation. This may include but is not limited to lifting suspended fines previously imposed or imposing additional corrective actions. [Ord. 1310 § 3(9), 2011; Ord. 1281 § 19, 2009.]

6.05.200 Decision and appeal.

A. The decision of the hearings officer is final.

B. The county may maintain civil proceedings in law or equity in a court of competent jurisdiction to enforce any provision of a hearings officer’s final order.

C. Notwithstanding subsection (A) of this section, the keeper of a dog found to have killed, harmed or chased livestock in violation of ORS 609.155 through 609.190 may request in writing that the board of commissioners reexamine the hearings officer’s determination. Requests that the board of commissioners examine a determination must be filed with the Marion County board of commissioners within seven calendar days of the date the determination was mailed.

D. Enforcement of any decision of the hearings officer shall be stayed during the pendency of an appeal except as provided in subsections (E), (F) and (G) of this section.

E. For any decision in a livestock case, enforcement will be stayed for 21 days following the date the hearing officer’s decision was mailed.

F. For any non-livestock decision requiring euthanasia, surrender or relocation of a dog, enforcement will be stayed for 15 days from the date of the decision. Thereafter, Marion County dog control will enforce a decision that requires euthanasia, surrender or relocation of a dog unless a party meets the requirements set forth below within 15 days of the hearing officer’s decision. If the requirements below are met, Marion County dog control will stay enforcement but only until a petition for writ of review is filed with the court:

1. The party must provide the director with a written notice of intent to file a petition for writ of review; and

2. The party must provide a boarding deposit in an amount to be established by the board of commissioners. The boarding deposit will be refunded to the party if the hearings officer’s decision is reversed in its entirety on appeal.

G. If a party obtains a stay by filing a petition for writ of review in a livestock case, or obtains a court-ordered stay, injunction or restraining order that prevents enforcement of a hearings officer’s decision, the court may require the payment of all or a portion of current boarding costs for an impounded dog as a condition of the stay, injunction or restraining order, and the court may also require that the party either post a deposit or bond in a sufficient amount to cover the expected cost of boarding an impounded dog during the writ of review proceeding or make ongoing payment of boarding costs.

H. If the finding of a violation is upheld on appeal, the dog’s keeper shall be liable for the cost of the dog’s impoundment and shall pay all costs and fees incurred for sheltering and caring for the dog. The keeper will be credited for the amount of any boarding deposit that has been paid pursuant to subsection (F) of this section. If good cause is shown, the court may reduce the amount of the boarding costs that the dog’s keeper is required to pay. In establishing good cause, the dog’s keeper must show that the requirement of full payment will cause an undue hardship. If the hearings officer or board decision is reversed in its entirety on appeal, the deposit shall be refunded. [Ord. 1281 § 20, 2009.]

6.05.210 Cost of impounding, keeping and testing of dogs.

A. When the hearings officer finds that a keeper committed a civil infraction established in this chapter, the keeper shall pay the actual and reasonable costs of impounding, boarding, testing, providing veterinary care, euthanizing and disposing of the dog.

B. During the public hearing, the hearings officer shall receive evidence of the actual and reasonable costs associated with impounding, boarding, testing, euthanizing and disposing of the dog, and shall include such costs as part of the opinion or order issued pursuant to this chapter. [Ord. 1281 § 21, 2009.]

6.05.220 Collections.

At the discretion of the dog control director, any civil penalty, fine or cost not paid within 60 days from the date of the hearings officer’s decision may be assigned to a collection agency for collection. If forwarded to a collection agency, an additional fee of up to 25 percent of the amount owing may be added to the amount of the debt in order to recover the cost of collection. [Ord. 1281 § 22, 2009.]

6.05.230 Lien record filing.

A. A hearing officer’s order imposing a civil penalty, cost or fee pursuant to this chapter may be recorded with the Marion County clerk or any other county clerk of this state if not paid within 60 days after the hearings officer’s order is mailed. The total amount of civil penalties, costs or fees owing pursuant to that order shall be recorded as a lien in the county clerk lien record. However, no penalty, cost or fee shall be recorded with a county clerk if an appeal is pending.

B. In addition to any other remedy provided by law, recording an order in the county clerk lien record pursuant to this chapter shall have the same effect and may be enforced as provided in ORS 205.125 and 205.126. [Ord. 1281 § 23, 2009.]

6.05.240 Exemptions.

No dog shall be found to be a public nuisance if it is a dog trained for law enforcement purposes and is on duty and under the control of a law enforcement officer at the time it exhibits behavior described in MCC 6.05.050. [Ord. 1281 § 24, 2009.]

6.05.300 Animal rescue entity – Registration.

Repealed by Ord. 1418. [Ord. 1376 § 3, 2017; Ord. 1342 § 2, 2014; Ord. 1341 § 3, 2014.]

6.05.310 Animal rescue entity – Record keeping.

Repealed by Ord. 1418. [Ord. 1341 § 3, 2014.]

6.05.320 Animal rescue entities – Inspections.

Repealed by Ord. 1418. [Ord. 1341 § 3, 2014.]

6.05.330 Animal rescue entities – Enforcement.

Repealed by Ord. 1418. [Ord. 1341 § 3, 2014.]